Articles

Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis

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May092016

Fully ASIC: Just and equitable winding up proceedings and the public interest principle

The Australian Securities and Investments Commission (ASIC) has recently brought proceedings against a number of companies involved in land banking...
May092016

A vendor’s duty to notify a purchaser of errors

Following our article concerning the decision of Jaswil Property ATF Jaswil Unit Trust v Barrak Corporation, the purchaser appealed and the Court...
May042016

Protecting Intellectual Property using the Personal Property Security Register

Intellectual property (IP) rights have become a highly sought after form of security for financiers in recent years. However, the...
Apr292016

Pool Rules

Today, 29 April 2016, new disclosure requirements in relation to the sale or lease of a property with a swimming...
Apr292016

Accountants as potential accomplices in underpayment

The Fair Work Ombudsman has commenced proceedings in the Federal Circuit of Australia against accounting firm EZY Accounting 123 alleging...
Apr292016

Hungry for Justice? Don’t get too greedy

Many are hungry for justice, but a lawyer in Russia took his appetite to save his client from a potential...
Apr212016

Don’t be an Ostrich Director!

Are you a company director?  Are you getting hassled by the ATO or other creditors for overdue payments? Have you...
Apr202016

Unreasonable outcome? Liquidators beware of the onus in proving director-related transactions

Lately a liquidator lost costly litigation in the Court of Appeal in relation to suspected director-related transactions. It is worth...
Apr182016

Directors Cut: Technical arguments fail for disqualified directors

The Corporations Act 2001 empowers the Australian Securities and Investments Commission (ASIC) to disqualify people from acting as directors in...
Apr152016

Federal Court Consultation Forum

On 5 April 2016, the Federal Court of Australia held a consultation forum at the NSW Registry to seek feedback...
Apr142016

Wigging Out

In a move that will no doubt cause disillusionment and consternation amongst diehard traditionalists, the Supreme Court of Victoria has...
Apr112016

What’s the harm? The practical consequences of breaching the Harman Rule

In a recent decision by her Honour Olsson J in the District Court of New South Wales, a creditor has...
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